Tenantcheck Insights · Case study
Tenancy Tribunal case 5291944 — Property damage at 11 Patikura Place, Turangi, Turangi 3334
Decided 22 Aug 2025 · Published 22 Aug 2025 · Application 5291944
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Location
Turangi
Tribunal region
Adjudicator
N Walker
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $6,463.58
- Total balance for Tenant to pay Landlord
- $6,463.58
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Previous order application 5241371 dated 11/06/2025 | $3,387.00 | Previous order application 5241371 dated 11/06/2025 | |
| Lock/key replacement | $294.63 | Lock/key replacement | |
| Rubbish removal | $602.60 | Rubbish removal | |
| Carpet Cleaning | $460.00 | Carpet Cleaning | |
| Repairs: Door | $371.22 | Repairs: Door | |
| Repairs: Wall holes | $625.03 | Repairs: Wall holes | |
| Repairs: Power point | $108.10 | Repairs: Power point | |
| Lawns and Garden work | $138.00 | Lawns and Garden work | |
| Cleaning | $450.00 | Cleaning | |
| Filing fee reimbursement | $27.00 | Filing fee reimbursement | |
| Net award | $6,463.58 | ||
| Total payable by Tenant to Landlord | $6,463.58 |
Claims and awards for application 5291944 — net $6,463.58 NZD. Verify on MoJ.
Previous order application 5241371 dated 11/06/2025
- Amount
- $3,387.00
- Awarded to
- Landlord
- Reason
- Previous order application 5241371 dated 11/06/2025
Lock/key replacement
- Amount
- $294.63
- Awarded to
- Landlord
- Reason
- Lock/key replacement
Rubbish removal
- Amount
- $602.60
- Awarded to
- Landlord
- Reason
- Rubbish removal
Carpet Cleaning
- Amount
- $460.00
- Awarded to
- Landlord
- Reason
- Carpet Cleaning
Repairs: Door
- Amount
- $371.22
- Awarded to
- Landlord
- Reason
- Repairs: Door
Claim types — money lines allowed on this order
Order
- [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $6,463.58 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 11 June 2025 under application 5241371.
Reasons
- The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail. I am satisfied that the tenant received notice of the hearing. The hearing proceeded in the tenant’s absence.
- The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The tenant did not return the keys.
- The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
- A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
- Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
- Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
- Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
- Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
- The following damage was caused during the tenancy: damaged door, wall holes, damaged power point. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- On 11 June 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 13 June 2025 and the bond was released. The previous order is incorporated into this order for enforcement purposes.
- Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s40(2), s49B(1), s49B(3), s49B(3A)
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5291944 about?
The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $6,463.58 immediately,
How much money was awarded in case 5291944?
Cleaning: $460.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $138.00 awarded to landlord; Previous Order Application 5241371 D…: $3,387.00 awarded to landlord; Property Damage: $294.63 awarded to landlord; Door: $371.22 awarded to landlord; Power Point: $108.10 awarded to landlord; Wall Holes: $625.03 awarded to landlord; Rubbish Removal: $602.60 awarded to landlord
What type of tenancy dispute was case 5291944?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5291944?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12305620-Tenancy_Tribunal_Order.pdf.
For landlords & property managers
Reduce avoidable tribunal risk with proper tenant checks.
Tenantcheck reports take minutes: a small step before a dispute ends up at tribunal.